The purpose of this section is to establish an objection process for lake management district rates and charges or special assessments; to grant authority to the county hearing examiner for hearing appeals and making recommendations to the county council; and to establish interest and penalties.
(Res. 92-010 (part))
The county council hereby authorizes the county hearing examiner to hear objections to the lake management district rates and charges or special assessments, act as a board of equalization, and make recommendations to the county council.
(Res. 92-010 (part))
The hearing examiner may request and shall receive so far as may be necessary in the discharge of the duties, the assistance and cooperation of the officials of the county.
(Res. 92-010 (part))
A. 
The hearing examiner shall have the power and jurisdiction to act as a board of equalization and hear objections to lake management district rates and charges or special assessment roll.
B. 
Any person aggrieved by a rate or charge or special assessment proposed to be imposed on their property may obtain a review thereof by filing an objection with the county council at least 10 days before the public hearing as provided in Section 2.100.070. The objection will be initiated by filing a written objection with the clerk of the council. Notice of objection shall be on a form provided by the clerk of the council and shall include at a minimum the following information: name, address and telephone number of objector; location and parcel number of property being assessed; and clearly stated grounds for objection. The objection will be heard at the time, date and place fixed for a public hearing.
(Res. 92-010 (part))
All hearings on objections before the hearing examiner shall be open to the public and a verbatim record of each hearing shall be kept by electric or mechanical means. Each recommendation of the hearing examiner shall be in writing and shall include findings and conclusions, based upon the record to support the recommendation. All parties to the objection shall be notified of the hearing examiner's recommendation by the delivery of a copy of said decision to the party either in person or by mail. Each recommendation of the hearing examiner, unless a longer period is mutually agreed to in writing by the objector and the hearing examiner, shall be rendered within 10 working days following the conclusion of all testimony and hearings. A copy of the record, or any part thereof, shall be transcribed and furnished to any person upon request therefor and payment of reasonable costs for preparation thereof.
(Res. 92-010 (part))
In exercising the powers granted herein, the hearing examiner, in conformity with RCW Chapter 36.61, may correct, revise, raise, lower, change, or modify the rates and charges roll or any part thereof, set the proposed rates and charges or special assessments aside and order a new proposed rates and charges or special assessment roll to be prepared and make recommendations to the county council.
Provided, if proposed rates and charges or special assessments are amended to raise any rate and charge appearing thereon or to include omitted property, a new public hearing shall be held and shall be limited to considering the increased rates and charges or special assessments on omitted property. Owners or reputed owners will be notified.
Provided further, if a rate and charge or special assessment on any lot, tract, parcel of land, or other property is increased beyond 110% of the proposed rate and charge or special assessment as provided in the resolution adopted according to RCW 36.61.070, the creation of a lake management district must be approved under another mailed ballot election that reflects the weighted voting arising from such increases.
(Res. 92-010 (part))
A. 
Notice of the original public hearing on the proposed rates and charges, and any public hearing held as a result of raising rates and charges or special assessments or including omitted property, shall be published and mailed as provided in RCW 36.61.140.
B. 
Notice shall also be posted in the county courthouse of any and all hearings and meetings at least 10 days in advance of such hearings or meetings except as hereinbefore provided.
C. 
The hearing examiner shall maintain records and minutes of all meetings, hearings, and of any actions taken. Such records shall be kept in a file open to the public in the office of the county council and for such time period as may be required by law.
(Res. 92-010 (part))
The objector, any party of record or the executive's office may appeal any recommendation of the hearing examiner to the county council. The appellant shall file a written notice of the appeal with the county council office within 10 calendar days after the postmark date of the letter of notification. The appellant shall file a statement containing the appellant's basis for appeal and argument with the county council. Within two working days after receipt of the appellant's written argument, the council office shall send copies of that argument to any party of record and to the executive's office. Any argument or response by any person or entity opposing the appeal must be filed in writing within 10 calendar days after the postmark date the appellant's argument was mailed by the council office. The decision of the county council shall be based solely upon the record and the written argument that has been submitted by the parties, and shall be restricted to clearly erroneous applications of law. Oral argument may be scheduled at the discretion of the county council.
(Res. 92-010 (part))
The county council, upon recommendation by the hearing examiner, may approve the rates and charges or special assessment roll by resolution, modify and approve the rates and charges roll as a result of hearing appeals, or reject the rates and charges roll and return it to the hearing examiner for further work and recommendations. No objection to the decision of the county council approving the rates and charges roll may be considered by a court unless an objection has been timely filed by that party with the county council as provided in Section 2.100.040.
(Res. 92-010 (part))
All lake management districts shall have a lien for delinquent rates and charges or special assessments for district activities together with interest at eight percent per year from the date due until paid. Penalties of 10 percent of the amount will be imposed in case of failure to pay the charges at the times fixed by resolution. The lien shall be for all charges, interest, and penalties and shall attach to the premises to which the services were available. The lien shall be superior to all other liens and encumbrances, except general taxes and local and special assessments of Whatcom County. Upon expiration of 60 days after the attachment of the lien, Whatcom County may bring suit in foreclosure by civil action in the superior court of the county where the property is located. The court may allow the county a reasonable attorney's fee in addition to other allowable costs and disbursements. The lien shall be foreclosed in the same manner as the foreclosure of real property tax liens.
(Res. 92-010 (part))
All funds generated by lake management district rates and charges or special assessments must be spent within the district for the projects proposed or maintenance of those projects and cannot be used for any other purpose. If all funds have not been expended when the lake management district is dissolved they shall be refunded on a prorated basis.
(Res. 92-010 (part))